Burton v. Burton
New York Court of Appeals
Elizabeth Burton sued Cecilia Burton and J. J. Crane, executors of the will of William E. Burton, deceased, to recover dower.
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Elizabeth Burton sued Cecilia Burton and J. J. Crane, executors of the will of William E. Burton, deceased, to recover dower. William E. Burton, the decedent, and the plaintiff, were both British subjects, born in England, and there also married, while residents there, in April, 1823. Burton became thereafter a resident of Pennsylvania, and became a citizen of the United States, by naturalization, October 8, 1840. He removed to the State of New York, in 1848, where he thenceforth resided until his death, February 10, 1800. He acquired the property in question, October 4,1851. The plaintiff…
1Opinion of the CourtMullin, J.
An alien widow of a native bom or naturalized citizen was not entitled to dower in the lands of her husband at the common law. Co. Litt. 31; 2 Blacks. Com. 131; 4 Kent Com. 36. This general rule has been somewhat modified in this State. By § 1, c. 49, of L. 1802 (3 B. S. 1 ed. 343), it was provided that all purchases of lands made or to be made by any alien who has come to this State and becomes an inhabitant thereof shall be deemed valid to vest the estate to them granted, and it was declared lawful for such alien to have and hold the same, to his heirs or assigns forever, and to dispose of…
2Cases cited4 opinions
- Kelly v. OwenSupreme Court of the United States · 1869
- Priest v. CummingsNew York Supreme Court · 1837
- Sutliff v. ForgeyNew York Supreme Court · 1823
- Forgey v. SutliffCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by9 opinions
- Blythe v. AyresCalifornia Supreme Court · 1892
- Luhrs v. . EimerNew York Court of Appeals · 1880
- United States v. KellarUnited States Circuit Court · 1882
- MacKenzie v. HareCalifornia Supreme Court · 1913
- Claim of Johansen v. Staten Island Shipbuilding Co.New York Court of Appeals · 1936
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